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Select Legislative Instrument No. 146, 2013 I, Quentin Bryce AC CVO, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Australian Citizenship Act 2007 and the Migration Act 1958. Dated 28 June 2013 Quentin Bryce Governor‑General By Her Excellency’s Command Brendan O’Connor Minister for Immigration and Citizenship

1 Name of regulation This regulation is the Migration Legislation Amendment Regulation 2013 (No. 3). 2 Commencement This regulation commences on 1 July 2013. 3 Authority This regulation is made under: (a) the Australian Citizenship Act 2007; and (b) the Migration Act 1958. 4 Schedule(s) Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms. Schedule 1—Amendments relating to Subclass 457 (Temporary Work (Skilled)) visas

Migration Regulations 1994 1 At the end of regulation 2.59 Add: ; and (i) the applicant has provided to the Minister the number of persons who the applicant proposes to nominate during the period of the applicant’s approval as a standard business sponsor, and: (i) the proposed number is reasonable, having regard to the information provided to the Minister; or (ii) if the Minister proposes another number of persons as part of considering the application—the applicant has agreed, in writing, to nominate no more than the other number of persons during the period of the applicant’s approval as a standard business sponsor; and (j) if the applicant has previously been a standard business sponsor: (i) the applicant: (A) fulfilled any commitments the applicant made relating to meeting the applicant’s training requirements during the period of the applicant’s most recent approval as a standard business sponsor; and (B) complied with the applicable obligations under Division 2.19 relating to the applicant’s training requirements during the period of the applicant’s most recent approval as a standard business sponsor; or (ii) it is reasonable to disregard subparagraph (i). 2 At the end of regulation 2.68 Add: ; and (j) the applicant has provided to the Minister the number of persons who the applicant proposes to nominate during the period of the applicant’s approval as a standard business sponsor, as varied, and: (i) the proposed number is reasonable, having regard to the information provided to the Minister; or (ii) if the Minister proposes another number of persons as part of considering the application—the applicant has agreed, in writing, to nominate no more than the other number of persons during the period of the applicant’s approval as a standard business sponsor; and (k) either: (i) the applicant: (A) fulfilled any commitments the applicant made relating to meeting the applicant’s training requirements during the period of the applicant’s most recent approval as a standard business sponsor; and (B) complied with the applicable obligations under Division 2.19 relating to the applicant’s training requirements during the period of the applicant’s most recent approval as a standard business sponsor; or (ii) it is reasonable to disregard subparagraph (i). 3 At the end of subregulation 2.72(10) Add: ; and (f) the position associated with the nominated occupation is genuine. 4 Subparagraph 2.82(2)(c)(ii) Omit “subparagraph (3) (a) (iii) or (3) (e) (i) or (ii)”, substitute “subparagraph (3)(a)(iii), (3)(e)(i), (3)(e)(ii) or paragraph (3)(g)”. 5 At the end of subregulation 2.82(3) Add: ; and (g) if the person was lawfully operating a business in Australia at the time of: (i) the person’s approval as a standard business sponsor; or (ii) the approval of a variation to the person’s approval as a standard business sponsor; all records showing that the person has complied with requirements relating to training specified by the Minister in an instrument in writing for subregulation 2.87B(2). 6 At the end of Division 2.19 Add: 2.87B Obligation to provide training (1) This regulation applies to a person who was lawfully operating a business in Australia at the time of: (a) the person’s approval as a standard business sponsor; or (b) the approval of a variation to the person’s approval as a standard business sponsor. (2) If, during all or part of: (a) the period of 12 months commencing on the day the person is approved as a standard business sponsor; or (b) a period of 12 months commencing on an anniversary of that day; the person is a standard business sponsor of at least one primary sponsored person, the standard business sponsor must comply with requirements relating to training, specified by the Minister in an instrument in writing for this subregulation, for that 12 month period. (3) If, during all or part of: (a) the period of 12 months commencing on the day the terms of the person’s approval as a standard business sponsor are varied; or (b) a period of 12 months commencing on an anniversary of that day; the person is a standard business sponsor of at least one primary sponsored person, the standard business sponsor must comply with requirements relating to training, specified by the Minister in an instrument in writing for this subregulation, for that 12 month period. (4) The obligations referred to in subregulations (2) and (3) start to apply on the day the person is approved as a standard business sponsor. (5) If the period of the person’s approval as a standard business sponsor is less than 6 years, the obligation referred to in subregulation (2) or (3) ends 3 years after the person is approved as a standard business sponsor. (6) If the period of the person’s approval as a standard business sponsor is at least 6 years, the obligation referred to in subregulation (2) or (3) ends 6 years after the person is approved as a standard business sponsor. Schedule 2—Further amendments relating to Subclass 457 (Temporary Work (Skilled)) visas

Migration Regulations 1994 1 Subregulation 2.61(2) (table items 1 and 2) Repeal the items. 2 After subregulation 2.61(3) Insert: (3A) If a person makes an application for approval as a standard business sponsor: (a) the application must be made using the internet; and (b) the application must be made using the form specified by the Minister in an instrument in writing for this paragraph; and (c) the application must be accompanied by the fee specified by the Minister in an instrument in writing for this paragraph. (3B) For subregulation (3A): (a) if the Minister specifies in an instrument in writing for this subregulation a different way of making an application for approval as a standard business sponsor, in circumstances specified in the instrument, the application may be made in that way; and (b) if the Minister specifies in the instrument a form for the different way of making the application, the application must be made using that form; and (c) if the Minister specifies in the instrument a different application fee for making the application, the application must be accompanied by that fee. Note: Subregulation (3A) relates to making applications on the internet. It may be necessary for the Minister to specify arrangements other than those in subregulation (3A) if special circumstances exist. 3 Subregulations 2.66(2), (3) and (4) Repeal the subregulations, substitute: (2) The application must be made using the internet. (3) The application must be made using the form specified by the Minister in an instrument in writing for this subregulation. (4) The application must be accompanied by the fee specified by the Minister in an instrument in writing for this subregulation. (5) For subregulations (2) to (4): (a) if the Minister specifies in an instrument in writing for this subregulation a different way of making an application for a variation of a term of an approval as a standard business sponsor, in circumstances specified in the instrument, the application may be made in that way; and (b) if the Minister specifies in the instrument a form for the different way of making the application, the application must be made using that form; and (c) if the Minister specifies in the instrument a different application fee for making the application, the application must be accompanied by that fee. Note: Subregulation (2) relates to making applications on the internet. It may be necessary for the Minister to specify arrangements other than those in subregulations (2) to (4) if special circumstances exist. 4 Subregulation 2.73(1A) After “(6)”, insert “and (9)”. 5 Subregulations 2.73(2) and (3) Repeal the subregulations, substitute: (2) The nomination must be made using the internet. (3) The approved form for the nomination is the form specified by the Minister in an instrument in writing for this subregulation. 6 Subregulation 2.73(5) Repeal the subregulation, substitute: (5) The nomination must be accompanied by the fee specified by the Minister in an instrument in writing for this subregulation. 7 At the end of regulation 2.73 Add: (9) For subregulations (2) to (5): (a) if the Minister specifies, in an instrument in writing for this subregulation, a different way of making a nomination of an occupation, in circumstances specified in the instrument, the application may be made in that way; and (b) if the Minister specifies in the instrument a form for the different way of making the nomination, the nomination must be made using that form; and (c) if the Minister specifies in the instrument a different fee for making the nomination, the nomination must be accompanied by that fee; and (d) an instrument made for this subregulation does not apply to a nomination made before 1 July 2010. Note: Subregulation (2) relates to making nominations on the internet. It may be necessary for the Minister to specify arrangements other than those in subregulations (2) to (5) if special circumstances exist. 8 Paragraphs 1223A(1)(b) to (bc) of Schedule 1 Repeal the paragraphs, substitute: (b) If: (i) the applicant seeks to satisfy the criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and (ii) paragraph (bb) does not apply; the application must be made as an internet application using the form specified by the Minister in an instrument in writing for this paragraph. (ba) If: (i) the applicant seeks to satisfy the criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and (ii) paragraph (bb) does not apply; and (iii) the applicant has been unable to lodge an application in accordance with paragraph (b) in a circumstance specified by the Minister in an instrument in writing for this paragraph; the application may be made in a way, and using a form, specified by the Minister in that instrument. (bb) If the applicant: (i) seeks to satisfy the secondary criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and (ii) is not making a combined application with the applicant seeking to satisfy the primary criteria for the grant of that visa; the application must be made as an internet application using the form specified by the Minister in an instrument in writing for this paragraph. (bc) If: (i) the applicant seeks to satisfy the secondary criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and (ii) the applicant has been unable to lodge an application in accordance with paragraph (bb) in a circumstance specified by the Minister in an instrument in writing for this paragraph; the application may be made in a way, and using a form, specified by the Minister in that instrument. 9 Paragraphs 1223A(3)(aa), (af) and (ag) of Schedule 1 Repeal the paragraphs, substitute: (aa) An applicant for a Subclass 457 (Temporary Work (Skilled)) visa may be in or outside Australia, but not in immigration clearance. 10 Paragraph 1223A(3)(ca) of Schedule 1 Repeal the paragraph. 11 Subitem 1303(1) of Schedule 1 After “1066,”, insert “1066 (Internet), 1066S (Internet),”. 12 Subitem 1305(1) of Schedule 1 After “1066,”, insert “1066 (Internet), 1066S (Internet),”. Schedule 3—Further amendments relating to Subclass 457 (Temporary Work (Skilled)) visas

Migration Regulations 1994 1 Regulation 1.03 (definition of ANZSCO) Repeal the definition, substitute: ANZSCO has the meaning specified by the Minister in an instrument in writing for this definition. 2 Paragraph 2.12F(2)(f) Omit “refused”, substitute “withdrawn”. 3 Paragraph 2.12F(2)(g) Omit “refused”, substitute “withdrawn”. 4 Subregulation 2.57(1) Insert: entity, in relation to an associated entity, includes: (a) an entity within the meaning of section 9 of the Corporations Act 2001; and (b) a body of the Commonwealth, a State or a Territory. 5 Paragraph 2.59(b) Repeal the paragraph, substitute: (b) the applicant is not a standard business sponsor; and 6 Paragraph 2.68(c) Repeal the paragraph. 7 Paragraph 2.72(10)(c) Omit “in the person’s workplace”. 8 At the end of subregulation 2.72(10) Add: ; and (g) if the person has identified in the nomination the holder of a Subclass 457 (Temporary Work (Skilled)) visa in relation to whom the requirements in subclause 457.223(6) of Schedule 2 were met—one of the following applies: (i) the requirements in subclause 457.223(6) of Schedule 2 continue to be met; (ii) if the holder would be required to hold a licence, registration or membership that is mandatory to perform the occupation nominated in relation to the holder—the holder demonstrates that he or she has competent English, proficient English, concessional competent English or superior English of at least the standard required for the grant (however described) of the licence, registration or membership; (iii) the holder is an exempt applicant within the meaning of subclause 457.223(4) of Schedule 2; (iv) the holder has vocational English. Note: Vocational English, competent English, proficient English, concessional competent English and superior English are defined in regulations 1.15B to 1.15EA. 9 Subregulations 2.73(7) and (8) (including the subheading) Repeal the subregulations. 10 Paragraph 5.19(3)(f) Repeal the paragraph (not including the note), substitute: (f) either: (i) the nominator: (A) fulfilled any commitments the nominator made relating to meeting the nominator’s training requirements during the period of the nominator’s most recent approval as a standard business sponsor; and (B) complied with the applicable obligations under Division 2.19 relating to the nominator’s training requirements during the period of the nominator’s most recent approval as a standard business sponsor; or (ii) it is reasonable to disregard subparagraph (i); and 11 Subclause 457.111(1) of Schedule 2 (definition of occupation) Repeal the definition. 12 Subclause 457.111(2) of Schedule 2 Repeal the subclause (not including the note). 13 Subclause 457.111(2) of Schedule 2 (at the end of the note) Add “Vocational English is defined in regulation 1.15B.”. 14 Paragraph 457.223(2)(b) of Schedule 2 Repeal the paragraph, substitute: (b) a nomination of an occupation in relation to the applicant: (i) has been approved under section 140GB of the Act; and (ii) has not ceased to have effect under regulation 2.75; and 15 Paragraph 457.223(4)(a) of Schedule 2 Repeal the paragraph, substitute: (a) each of the following applies: (i) a nomination of an occupation in relation to the applicant has been approved under section 140GB of the Act; (ii) the nomination was made by a person who was a standard business sponsor at the time the nomination was approved; (iii) the approval of the nomination has not ceased as provided for in regulation 2.75; and 16 Paragraph 457.223(4)(ba) of Schedule 2 Repeal the paragraph, substitute: (ba) either: (i) the nominated occupation is specified by the Minister in an instrument in writing for this subparagraph; or (ii) each of the following applies: (A) the applicant is employed to work in the nominated occupation; (B) if the person who made the approved nomination met paragraph 2.59(d) or (e), or paragraph 2.68(e) or (f), in the person’s most recent approval as a standard business sponsor, the applicant is employed to work in a position in the person’s business or in a business of an associated entity of the person; (C) if the person who made the approved nomination met paragraph 2.59(h), or paragraph 2.68(i), in the person’s most recent approval as a standard business sponsor, the applicant is employed to work in a position in the person’s business; and 17 After paragraph 457.223(4)(d) of Schedule 2 Insert: (da) the applicant has the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation; and 18 Subparagraph 457.223(4)(ea)(ii) of Schedule 2 Repeal the subparagraph, substitute: (ii) in order to obtain the licence, registration or membership, the applicant would need to demonstrate competent English, proficient English, concessional competent English or superior English; Note: Competent English, proficient English, concessional competent English and superior English are defined in regulations 1.15B to 1.15EA. 19 Paragraph 457.223(4)(eb) of Schedule 2 Omit “a level of English language proficiency that is required to achieve an IELTS test score of at least 5 in each of the 4 test components of speaking, reading, writing and listening”, substitute “vocational English”. 20 Paragraph 457.223(6)(a) of Schedule 2 Repeal the paragraph, substitute: (a) the base rate of pay for the applicant, under the terms and conditions of employment about which the Minister was last satisfied for paragraph 2.72(10)(c), is at least the level of salary worked out in the way specified by the Minister in an instrument in writing for this paragraph; and 21 After paragraph 8107(3)(a) of Schedule 8 Insert: (aa) the holder must commence that work within 90 days after the holder’s arrival in Australia; and 22 At the end of subclause 8107(3) of Schedule 8 Add: ; and (c) if the holder is required to hold a licence, registration or membership that is mandatory to perform the occupation nominated in relation to the holder, in the location where the holder’s position is situated—the holder must: (i) hold the licence, registration or membership; and (ii) comply with each condition or requirement to which the licence, registration or membership is subject. Schedule 4—Amendments relating to payments in foreign currency

Australian Citizenship Regulations 2007 1 Subregulation 12A(4) Repeal the subregulation, substitute: (4) If the currency in which the amount is to be paid is specified by the Minister in the conversion instrument, the amount is to be ascertained in accordance with the exchange rate for the currency specified in the instrument. 2 Subregulation 12A(5) Omit “a currency for which an amount corresponding to the amount of the fee in Australian dollars is mentioned”, substitute “specified”. 3 Subregulation 12A(7) Repeal the subregulation, substitute: (7) In this regulation: conversion instrument means the instrument titled Payment of Visa Application Charges and Fees in Foreign Currencies (IMMI 13/045) that commenced on 1 July 2013. places and currencies instrument means the instrument titled Places and Currencies for Paying of Fees (IMMI 13/046) that commenced on 1 July 2013. Migration Regulations 1994 4 Subregulation 5.36(1A) Repeal the subregulation, substitute: (1A) The amount of the payment is to be worked out as follows: (a) if the currency in which the amount is to be paid is specified by the Minister in an instrument in writing for this paragraph, use the exchange rate for the currency specified in the notice; (b) if the currency in which the amount is to be paid is not specified in an instrument for paragraph (a), use the formula in subregulation (2). Schedule 5—Amendments relating to Subclass 300 (Prospective Marriage) visas

Migration Regulations 1994 1 At the end of paragraph 5.19(3)(b) Add: (iii) did not, as that standard business sponsor, meet regulation 1.20DA, or paragraph 2.59(h) or 2.68(i), in the most recent approval as a standard business sponsor; and 2 At the end of paragraph 186.234(2)(b) of Schedule 2 Add “on a full‑time basis and at the level of skill required for the occupation”. Schedule 7—Amendments relating to Public Interest Criterion 4020

Migration Regulations 1994 1 Paragraph 2.08A(1)(a) After “Schedule 1”, insert “, including Schedule 1 as it applies in relation to a particular class of visa,”. 2 Regulation 2.08A (note) Repeal the note, substitute: Note 1: Regulations 2.07AL and 2.08AA apply in relation to an application by a contributory parent newborn child. Note 2: Past amendments of these Regulations may have amended or repealed provisions of Schedule 1 but included transitional provisions by which a former version of Schedule 1 continues to apply in specified cases. 3 Subregulation 2.12C(4) (note 2) Repeal the note, substitute: Note 2: The amount of additional applicant charge varies according to the visa involved. The amount is set out in: (a) the item of Schedule 1 that applies to the visa, including Schedule 1 as it applies in relation to a particular class of visa; or (b) subregulation (4A). 4 After subregulation 2.12C(4) Insert: (4A) If the applications referred to in paragraph (4)(b) relate to a visa of a class specified by the Minister in an instrument in writing for this subregulation, the amount of additional applicant charge is the amount specified in the instrument. Schedule 9—Amendments relating to health requirements

Australian Citizenship Regulations 2007 1 At the end of Part 4 Add: 23 Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 3) The amendments of these Regulations made by items 1 to 3 of Schedule 4 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application made under Division 2, 3 or 4 of Part 2 of the Act on or after 1 July 2013. Migration Regulations 1994 2 At the end of Schedule 13 Add: Part 19—Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 3)

1901 Operation of Schedule 1 (1) The amendments of these Regulations made by items 1 and 2 of Schedule 1 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for approval as a sponsor, or for the variation of the terms of approval as a sponsor: (a) made, but not finally determined, before 1 July 2013; or (b) made on or after 1 July 2013. (2) The amendments of these Regulations made by item 3 of Schedule 1 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a nomination under subsection 140GB(1) of the Act: (a) made, but not finally determined, before 1 July 2013; or (b) made on or after 1 July 2013. (3) The amendments of these Regulations made by items 4 to 6 of Schedule 1 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a person who is or was a standard business sponsor on or after 1 July 2013. 1902 Operation of Schedule 2 The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to: (a) an application for approval as a sponsor made on or after 1 July 2013; and (b) an application for a variation of a term of an approval as a sponsor made on or after 1 July 2013; and (c) a nomination under subsection 140GB(1) of the Act made on or after 1 July 2013; and (d) an application for a visa made on or after 1 July 2013. 1903 Operation of Schedule 3 (1) The amendments of these Regulations made by item 1 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to: (a) a nomination under subsection 140GB(1) of the Act made on or after 1 July 2013; and (b) a nomination under regulation 5.19 made on or after 1 July 2013; and (c) an application for a visa made on or after 1 July 2013. (2) The amendments of these Regulations made by items 2 and 3 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for a visa: (a) made, but not finally determined, before 1 July 2013; or (b) made on or after 1 July 2013. (3) The amendments of these Regulations made by item 4 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply on and after 1 July 2013. (4) The amendments of these Regulations made by items 5 and 6 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to: (a) an application for approval as a sponsor: (i) made, but not finally determined, before 1 July 2013; or (ii) made on or after 1 July 2013; and (b) an application for a variation of a term of an approval as a sponsor: (i) made, but not finally determined, before 1 July 2013; or (ii) made on or after 1 July 2013. (5) The amendments of these Regulations made by items 7, 8 and 9 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a nomination under subsection 140GB(1) of the Act: (a) made, but not finally determined, before 1 July 2013; or (b) made on or after 1 July 2013. (6) The amendments of these Regulations made by item 10 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a nomination under regulation 5.19 made on or after 1 July 2013. (7) The amendments of these Regulations made by items 11 to 20 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for a visa: (a) made, but not finally determined, before 1 July 2013; or (b) made on or after 1 July 2013. (8) The amendments of these Regulations made by items 21 and 22 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a visa that is: (a) in effect on 1 July 2013; or (b) granted on or after 1 July 2013. 1904 Operation of Schedule 4 The amendments of these Regulations made by item 4 of Schedule 4 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a payment made for the purposes of the Act or these Regulations on or after 1 July 2013. 1905 Operation of Schedule 5 The amendments of these Regulations made by Schedule 5 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for a visa made on or after 1 July 2013. 1906 Operation of Schedule 6 (1) The amendments of these Regulations made by item 1 of Schedule 6 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for approval of a nomination made on or after 1 July 2013. (2) The amendments of these Regulations made by item 2 of Schedule 6 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for a visa made on or after 1 July 2013. 1907 Operation of Schedule 7 The amendments of these Regulations made by Schedule 7 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for a visa: (a) made, but not finally determined, before 1 July 2013; or (b) made on or after 1 July 2013. 1908 Operation of Schedule 8 The amendments of these Regulations made by Schedule 8 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a request made for regulation 2.08A or 2.08B on or after 1 July 2013. 1909 Operation of Schedule 9 The amendments of these Regulations made by Schedule 9 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for a visa: (a) made, but not finally determined, before 1 July 2013; or (b) made on or after 1 July 2013.

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